Adoption Laws In India

A child is most certainly the best gift that God can give to a couple. The feelings that new parents go through when their baby is born cannot be described in mere words. However, there are some people in this world who may not be so lucky and may not have the pleasure of having a baby. There is no need, for such people, to get disheartened whatsoever, since every problem has a solution. This solution comes in the form of adoption. Adopting a homeless child is one of the noblest things to do.

With celebrities like Angelina Jolie, Brad Pitt and our very own Sushmita Sen going in for adopting kids, it seems to have cut off from its initial apprehensive stage. Now, more and more couples and even single parents are coming forward to adopt kids. There is a certain procedure to adopt a child and it is recommended that you follow it in order to have a problem-free adoption and also avoid any future hassles. The procedure is a bit time consuming due to immense number of applications from interested couples. Here’s how to do it.

Adoption Procedure - What is It All About?

The adoption procedure starts with filling a formal application form by a couple who is interested in adopting a baby at a well-known adoption agency. After this, a social worker from that agency studies the living conditions and monitors the daily activities of the couple in order to ensure whether or not the couple is capable of handling an adopted child. Usually, a couple is monitored on aspects like family background, emotional health, quality of marital life, financial stability, etc.

Go-Ahead Signal

A No Objection Certificate is then issued to the agency by CARA (Central Adoption Resource Agency )when it is satisfied about the family and the couple submits certain documents necessary for evaluation. The couple is not allowed to come and choose a child, as it is normally believed. They have to give details regarding what kind of child are they expecting and the placement agency finds the child according to that expectation. Foreign adoption is pretty much the same, with the difference that certain immigration laws have to be abided to by the couple.

Reliable Indian Adoption Agencies

On the recommendations of the Supreme Court of India, the local VCA (Volunteer Coordinating Agency) in Delhi has ten recognized adoption agencies. They are:

SOS Children’s Villages of India

Holy Cross Social Service Centre

Missionaries of Charity

Church of North India

Welfare Home for Children

Delhi Council for Child Welfare

Matri Chhaya

Children of the World

Right to Life Society

Asharan Orphanage

Indian Adoption Laws

All the matters related to adoption are dealt by the Ministry of Welfare (now known as Ministry of Social Justice and Empowerment), as stated by the Indian Government. One can go to the CARA that has its headquarters in Delhi in order to deal with all matters related to adoption in India. The adoption procedure is centered on the legislations as given below that are applicable and is based on the religion of the interested adopter.

The Hindu Adoption and Maintenance Act, 1956 (HAMA)The HAMA is the only existing act that provides basic strategies and course of action for adoption to Hindus in India. Hindu, in this category is defined as any person who is a Hindu by religion or its forms like Buddhists, Jains, Brahmo, Sikh, Prarthna or Arya Samaj. According to this act, if a couple already has a child then they can only adopt children belonging to the opposite sex of that child. The adoption cases are handled by the city civil courts.
The Guardianship and Wards Act, 1890
The Guardianship and Wards Act 1890 gives the full guardianship authority to non-Hindus who are governed by their religious personal laws like Muslims, Christians, Parsis and Jews. The guardians have to give an investment plan and invest a certain amount of money for the security of the ward. The adoption cases are handled by high court or family court.